Reports of Cases Argued and Determined in the Supreme Court And, at Law, in the Court of Errors and Appeals of the State of New Jersey, Volume 92 |
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Page 26
And so , when it appears that the amount specified is in excess of what is actually
due , the materialman is not entitled to go to the jury on the question of the liability
of the owner unless he shows that the excessive claim was not the result of ...
And so , when it appears that the amount specified is in excess of what is actually
due , the materialman is not entitled to go to the jury on the question of the liability
of the owner unless he shows that the excessive claim was not the result of ...
Page 29
But it requires liim to state in that notice the amount of his claim against the
contractor with as much accuracy as is reasonably possible . That he did not state
it with absolute accuracy is apparent from the foregoing recital of facts . His failure
to ...
But it requires liim to state in that notice the amount of his claim against the
contractor with as much accuracy as is reasonably possible . That he did not state
it with absolute accuracy is apparent from the foregoing recital of facts . His failure
to ...
Page 30
92 N . J . L . plaintiff ' s claim was entirely justified , and that no such amount was
due as was exhibited in that claim . A materialman cannot take advantage of the
benefit of this section of the Mechanics ' Lien law for the purpose of holding the ...
92 N . J . L . plaintiff ' s claim was entirely justified , and that no such amount was
due as was exhibited in that claim . A materialman cannot take advantage of the
benefit of this section of the Mechanics ' Lien law for the purpose of holding the ...
Page 35
In the present case we think the bailee ' s interest was sufficient to be subject to
levy . We assume that the contract was as the plaintiff claims and that the title
remained in the plaintiff . It was , of course , subject to the right of Weiner 10 make
up ...
In the present case we think the bailee ' s interest was sufficient to be subject to
levy . We assume that the contract was as the plaintiff claims and that the title
remained in the plaintiff . It was , of course , subject to the right of Weiner 10 make
up ...
Page 38
Where the claim of the defendants in an attachment suit is a claim of right not
shown by documents which the court can construe , but shown by facts and
certain acts of a foreign government , the effect of which and the inference to be
drawn ...
Where the claim of the defendants in an attachment suit is a claim of right not
shown by documents which the court can construe , but shown by facts and
certain acts of a foreign government , the effect of which and the inference to be
drawn ...
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Common terms and phrases
action affirmed agreement alleged amount appellant applied Argued authority BERGEN BLACK brought cause CHANCELLOR charge CHIEF JUSTICE City claim common condition considered contract conviction costs counsel court was delivered crime crossing damages defendant defendant's determine direct duty effect election entered entitled error evidence existence expressed fact follows given granted ground guilty held indictment injury intent Jersey judgment jury land March matter means ment MINTURN motion municipality necessary negligence notice object operation opinion owner paid Pamph PARKER parties passed payment person plaintiff plea present proof prosecutor question Railroad reason record refused relating respondent result reversed rule statute street Submitted sufficient suit Supreme Court SWAYZE term testimony tion train trial judge verdict
Popular passages
Page 144 - To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
Page 32 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 299 - ... military service of the State, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the Legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside.* § 2.
Page 48 - ... the original cost of construction, the probable earning capacity of the property under particular rates prescribed by the statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case.
Page 442 - ... and the consciences of the jury. The authority of the jury to decide that the accused shall not be punished capitally is not limited to cases in which , the court, or the jury, is of opinion that there are palliating or mitigating circumstances. But it extends to every case in which, upon a...
Page 48 - In order to ascertain that value, the original cost of construction, the amount expended in permanent Improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses...
Page 497 - Contractor ; but If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense Incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage Incurred through such default, shall be audited and certified by the Architect , whose certificate thereof shall be conclusive upon the parties.
Page 143 - ... imposed by law upon the auto bus owner for damages on account of bodily injury or death suffered by any person or persons as a result of an accident...
Page 491 - York to review a judgment entered on the verdict of a. jury in favor of the plaintiff for $1,649.05.
Page 60 - It should be remembered that the person sheltering himself under this plea of provocation must make out the circumstances of alleviation to the satisfaction of the court and jury unless they arise out...